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Complete revisal of all the acts of Assembly, of the province of North-Carolina, now in force and use: together with the titles of all such laws as are obsolete, expired, or repealed: with marginal notes and references, and an exact table to the whole

id LAWS of N O R T rf - C A R O L I N A.*
ji. D. Tji's-. X. PROVIDED always^ and be it further EnableJ^_ by the Authority aforefai^-,
That this Aft, nor any Thing herein before contained, Ihall not extend, or be
conftrued to impeach, defeat, or make void, any Conveyance or Aflurance, Intereil,
Limitation of Ufe or Ufes, of, in, tOj or out of any Lands or Teneiiietits hereto-fore
at arry Time had or made, or hereafter to be bona fide made, upon and for good
Gonfideratrons, to any Perfon or Perfons whatfoever \ any Thing before mentioned
to the contrary, notwtthftanding.
Not to make
void any Convey-ance
bonji fide
zniiie.
Mortgige fiift
regifkred, (hall
be deemed the
&Il Mortgage.
Unlrfs firdMort-gage
be regiftered
in 50 Djjs,
XI. AND for the Preventiorr of Frauds by double Mortgages and Conveyan-ces
of Lands, Negroes, Goods, and Chattels, Be it further Ena£fed, by the Authority
aforefaid. That every Mortgage of Lands, Tenements, Goods, ,or Chattels, which
fhall be firft regiftered in the Regifter's Office of the Pregind wh?re th? Land lietH,
or of Goods and Chattels where the Mortgager liveth, /hall be taken, deeme^,
judged, allowed of, and held to be the firft Mortgage, and to be good, firm, fub-ftantial,
and lawful, in all Courts of Juftice within this Government; any former
or other Mortgage of tlie fame Lands, Goods' or Chattels, not before regiftered,
notwithftanding ; unkfs fuch prior Mortgage be regiftered within Fifty Days after
the Date. - : :-. . , . :
If more Mort-gages
than one,
fuch as have not
regiftred, may
redeem thofe that
are, paying Prin-cipal,
&c.
Perfons making a
fecond Moitgage,
the firft being in
Force, to hive
no Relief in E-quity.
Not to bar Wi-dow
fromDuW r,
who did not j.iin
in the Deed, &c.\
rirft Mnrtgagee
not regiftiing his
Title before a id,
to take no Ad.
vantage by his
Purchafe.
Public Ueglfter,
when there is no
Parifh Clerk, to
regifter Births,
Marriages, and
Eutials.
Perfons ncalefl-ing
ti regifter,
Jiirfeit I s, per
Month, to the
Regifter ; not to
exceed ;os.
Penalties how to
!>e lecovsted.
XII. PROVIDED always, and be it further Enacted by the Authority aforefaid.
That in Cafe more than one Mortgage fhall happen to be made and be in Force at
one Time,- of the fame Lands "and Tejierpents, Goods and Chattels, the feveral
Mortgao;ees' which have not recriftred their Morto-ao-es, their Heirs, Executors,
Adminiftrators, or Affigns, fhall have Power to redeem any Mortgage or Mortga-ges
regiftered, upon paying the principal Debt, Intereft, and Cofts of Suit, to the
prior Mortgagee or Mortgagees, their Heirs, Executors, Adminiftrators, or Afligns',
and as a Punifhment for fuch intended Fraud or Covin, every Perfon or Perfons
which fhall mortgage the fame Laiids, Tenements, Goods or Chattels, a fecond
Time, a former Mortgage being in Force and not difcharged, ftiail have no Power
or Liberty of Redemption in Equity or otherwife.
XIII. PR O VID E D alfoythiit nothing in this Ad: contained fhall be conftrued,
deemed, or extended, to bar any Widow of any Mortgager of fuch Lands or Tene-ments^
from her Right of Dower to the faid Land, who did not legally join with
her Hufband in-fuch Mortgage, or otherwife bar or exclude herfelf from fuch her
Dower or Right*- . , .
- ; .-'':i': :;[.f :.i i.j b..ii .. . I --.'-..
XIV. AN^D'he it further '.Eriae^d^ If thg Authority aforefaid. That every prior
Purchafer, or Mortgagee, of any Lands or Tenements, Goods or Chattels, which
fhall not, before the Firft Day of January, 1 7 1 6, regifter his Title or Mortgage as
aforefaid, if after that Time a fecond Deed of Sale, Conveyance, or Mortgage, be
regiftred before the Prior, fuch Perfon fo neglefting fhall take no Advantage or
Benefit of fuch Purchafe or Mortgage already figned and fcaled.
..XV;- - AND be it further Enacted, by the Authority aforefaid. That the Regifter
aforefaid of every Precinft, when there is no Clerk of the Church in that Frecinct,
ftiall regifter all Births, Marriages, and Burials, v.'ithin the Precintl whereof he is
Regifter •, and that every Mafter or Miftrefs of a Family who fhall negleft to regifter
the Birth or Death of any Perfon born or dying within his or her Floufe or Planta-tion,
and every married Man who fnali negledl to remit to the faid Regifter a Cer-tificate
of his Marriage, and caufe the fame to be regiftred, ,for longer than one
Month -, each Mafter or Miftrefs, or married Man, fo neglefting, fliail forfeit and
pay to the faid Regifter One Shilling per Month, for every Month io negledtd
;
provided the Whole do not exceed Twenty Shillings.
XVI. AND be it further Enabled, by the Authority aforefaid. That all Penalties
and Forfeitures in this A(5l mentioned, fhall be recovered, by Bill, Pialnt, or Infor-mation,
in any Court of Record in this Government ; wherein no Injundion, Prc-teftion,
or Wager of Law, fhall be allowed or admitted of,
C H A P.

id LAWS of N O R T rf - C A R O L I N A.*
ji. D. Tji's-. X. PROVIDED always^ and be it further EnableJ^_ by the Authority aforefai^-,
That this Aft, nor any Thing herein before contained, Ihall not extend, or be
conftrued to impeach, defeat, or make void, any Conveyance or Aflurance, Intereil,
Limitation of Ufe or Ufes, of, in, tOj or out of any Lands or Teneiiietits hereto-fore
at arry Time had or made, or hereafter to be bona fide made, upon and for good
Gonfideratrons, to any Perfon or Perfons whatfoever \ any Thing before mentioned
to the contrary, notwtthftanding.
Not to make
void any Convey-ance
bonji fide
zniiie.
Mortgige fiift
regifkred, (hall
be deemed the
&Il Mortgage.
Unlrfs firdMort-gage
be regiftered
in 50 Djjs,
XI. AND for the Preventiorr of Frauds by double Mortgages and Conveyan-ces
of Lands, Negroes, Goods, and Chattels, Be it further Ena£fed, by the Authority
aforefaid. That every Mortgage of Lands, Tenements, Goods, ,or Chattels, which
fhall be firft regiftered in the Regifter's Office of the Pregind wh?re th? Land lietH,
or of Goods and Chattels where the Mortgager liveth, /hall be taken, deeme^,
judged, allowed of, and held to be the firft Mortgage, and to be good, firm, fub-ftantial,
and lawful, in all Courts of Juftice within this Government; any former
or other Mortgage of tlie fame Lands, Goods' or Chattels, not before regiftered,
notwithftanding ; unkfs fuch prior Mortgage be regiftered within Fifty Days after
the Date. - : :-. . , . :
If more Mort-gages
than one,
fuch as have not
regiftred, may
redeem thofe that
are, paying Prin-cipal,
&c.
Perfons making a
fecond Moitgage,
the firft being in
Force, to hive
no Relief in E-quity.
Not to bar Wi-dow
fromDuW r,
who did not j.iin
in the Deed, &c.\
rirft Mnrtgagee
not regiftiing his
Title before a id,
to take no Ad.
vantage by his
Purchafe.
Public Ueglfter,
when there is no
Parifh Clerk, to
regifter Births,
Marriages, and
Eutials.
Perfons ncalefl-ing
ti regifter,
Jiirfeit I s, per
Month, to the
Regifter ; not to
exceed ;os.
Penalties how to
!>e lecovsted.
XII. PROVIDED always, and be it further Enacted by the Authority aforefaid.
That in Cafe more than one Mortgage fhall happen to be made and be in Force at
one Time,- of the fame Lands "and Tejierpents, Goods and Chattels, the feveral
Mortgao;ees' which have not recriftred their Morto-ao-es, their Heirs, Executors,
Adminiftrators, or Affigns, fhall have Power to redeem any Mortgage or Mortga-ges
regiftered, upon paying the principal Debt, Intereft, and Cofts of Suit, to the
prior Mortgagee or Mortgagees, their Heirs, Executors, Adminiftrators, or Afligns',
and as a Punifhment for fuch intended Fraud or Covin, every Perfon or Perfons
which fhall mortgage the fame Laiids, Tenements, Goods or Chattels, a fecond
Time, a former Mortgage being in Force and not difcharged, ftiail have no Power
or Liberty of Redemption in Equity or otherwife.
XIII. PR O VID E D alfoythiit nothing in this Ad: contained fhall be conftrued,
deemed, or extended, to bar any Widow of any Mortgager of fuch Lands or Tene-ments^
from her Right of Dower to the faid Land, who did not legally join with
her Hufband in-fuch Mortgage, or otherwife bar or exclude herfelf from fuch her
Dower or Right*- . , .
- ; .-'':i': :;[.f :.i i.j b..ii .. . I --.'-..
XIV. AN^D'he it further '.Eriae^d^ If thg Authority aforefaid. That every prior
Purchafer, or Mortgagee, of any Lands or Tenements, Goods or Chattels, which
fhall not, before the Firft Day of January, 1 7 1 6, regifter his Title or Mortgage as
aforefaid, if after that Time a fecond Deed of Sale, Conveyance, or Mortgage, be
regiftred before the Prior, fuch Perfon fo neglefting fhall take no Advantage or
Benefit of fuch Purchafe or Mortgage already figned and fcaled.
..XV;- - AND be it further Enacted, by the Authority aforefaid. That the Regifter
aforefaid of every Precinft, when there is no Clerk of the Church in that Frecinct,
ftiall regifter all Births, Marriages, and Burials, v.'ithin the Precintl whereof he is
Regifter •, and that every Mafter or Miftrefs of a Family who fhall negleft to regifter
the Birth or Death of any Perfon born or dying within his or her Floufe or Planta-tion,
and every married Man who fnali negledl to remit to the faid Regifter a Cer-tificate
of his Marriage, and caufe the fame to be regiftred, ,for longer than one
Month -, each Mafter or Miftrefs, or married Man, fo neglefting, fliail forfeit and
pay to the faid Regifter One Shilling per Month, for every Month io negledtd
;
provided the Whole do not exceed Twenty Shillings.
XVI. AND be it further Enabled, by the Authority aforefaid. That all Penalties
and Forfeitures in this A(5l mentioned, fhall be recovered, by Bill, Pialnt, or Infor-mation,
in any Court of Record in this Government ; wherein no Injundion, Prc-teftion,
or Wager of Law, fhall be allowed or admitted of,
C H A P.